The Gauchati High Court accepted the petitioner's prayer to withdraw the writ petition with liberty to file afresh upon fresh cause of action subject to the respondents' consent.
Prayer to withdraw the writ petition with liberty to file afresh was allowed and the petition was dismissed on withdrawal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010020592015
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5295/2015
DR. ANANDA HAZARIKA S/O. LT. GOPAL CH. HAZARIKA, R/O. KAMALABARI, P.O. MAJULI, DIST. JORHAT, ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION HIGHER DEPTT., ASSAM SANCHIBALAYA, DISPUR, GHY-06.
2:THE DIRECTOR
3:THE PRESIDENT OF THE GOVERNING BODY
4:SRI RAMESWAR DOLE
Advocate for the Petitioner : MS.P SAHARIA
Advocate for the Respondent : MR.D J DUTTAR-3 and 4
Page No.# 2/5
Linked Case : WP(C)/5899/2015 DR. ANANDA HAZARIKA Address:S/O LT. GOPAL CHANDRA HAZARIKA R/O KAMALABARI P.O. MAJULI DIST- JORHAT ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS Address:REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM EDUCATION HIGHER DEPTT. ASSAM SACHIVALAYA DISPUR GHY-6 2:THE DIRECTOR OF HIGHER EDUCATION Address:ASSAM KAHILIPARA GHY-19 3:THE PRESIDENT OF THE GOVERNING BODY Address:MAJULI COLLEGE P.O. KAMALABARI DIST- JORHAT-785106 ASSAM
:RAMESWAR DOLEY Address:R/O GORMURH P.O. GORMURH DIST- JORHAT ASSAM 5:DR. DEBAJIT SAIKIA Address:S/O LT. JONAI SAIKIA R/O KAMALABARI P.O. KAMALABARI DIST- JORHAT ASSAM PIN-785106 6:UNIVERSITY GRANT COMMISSION Address:REP. BY THE SECRETARY BAHADUR SAH ZAFAR MARG NEW DELHI-2 -----------Advocate for : MR.P MAHANTA
Page No.# 3/5
Advocate for : MR.R GOGOIR-5 appearing for THE STATE OF ASSAM AND 5 ORS: Advocate ,
, , , , appearing for 2, 3, 4, 5, 6, respectively.
Linked Case : WP(C)/6801/2015
DR. ANANDA HAZARIKA Address:S/O LT. GOPAL CHANDRA HAZARIKA R/O KAMALABARI P.O. MAJULI DIST- JORHAT ASSAM VERSUS
THE STATE OF ASSAM AND 6 ORS Address:REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM EDUCATION HIGHER DEPTT. ASSAM SACHIBALAYA DISPUR GHY-6 2:THE DIRECTOR OF HIGHER EDUCATION Address:ASSAM KAHILIPARA GHY-19 3:THE PRESIDENT OF THE GOVERNING BODY Address:MAJULI COLLEGE P.O. KAMALABARI
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DIST- JORHAT ASSAM PIN-785106
4:RAMESWAR DOLEY Address:R/O GORMURH P.O. GORMURH DIST- JORHAT ASSAM PIN-785104 5:UNIVERSITY GRANT COMMISSION Address:REP. BY THE SECY. BAHADUR SAH ZAFAR MARG NEW DELHI-2 6:DR. DEBAJIT SAIKIA Address:S/O LT. JONAI SAIKIA P.O. KAMALABARI DIST- JORHAT ASSAM PIN-785106 7:SARAT BORKATAKI Address:EDUCATION MINISTER ASSAM DISPUR DIST- KAMRUP METRO GHY-6 ASSAM -----------Advocate for : MR.B KAKATI Advocate for : MR.N BORAHR-3 appearing for THE STATE OF ASSAM AND 6 ORS: Advocate , , , , , , appearing for 2, 3,
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4, 5, 6,
7, respectively.
ORDER
Date : 09-01-2018
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
Heard Ms. P Saharia, learned counsel for the petitioner. Also heard Mr. A Chamuah, counsel for the UGC, Mr. N Borah, counsel for the respondent Nos. 3 & 4 and Mr. M K Choudhury, counsel for the respondent No. 5.
On instruction, Ms. P Saharia, learned counsel for the petitioner prays for withdrawal of this writ petition with liberty to file afresh as and when fresh cause of action arises.
Prayer allowed.
Liberty is granted as prayed for, to which Mr. N Borah, learned counsels for the respondents have no objection.
The writ petition accordingly stands dismissed on withdrawal.
Sd/-
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner can withdraw the writ petition with liberty to file afresh on the same matter.
Whether the respondents had any objection to the withdrawal of the petition.
DR. ANANDA HAZARIKA
THE STATE OF ASSAM AND ORS
MANASH RANJAN PATHAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
